The Family Intervention Tenancies (Review of Local Authority Decisions) (England) Regulations 2008

• Citation: S.I. 2008/3111
• Sections: 22

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Family Intervention Tenancies (Review of Local Authority Decisions) (England) Regulations 2008 and shall come into force on 5th January 2009.

(2) The Regulations apply in relation to dwelling-houses in England only.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Housing and Regeneration Act 2008;

“the authority” means the local housing authority ;

“behaviour support services” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985 ;

“family intervention tenancy” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985;

“the review” means a review of the authority’s decision to serve a notice to quit upon the tenant under section 298 of the Act; and

“the reviewer” means the person carrying out the review.

Section 3 Reviewers

(1) A reviewer must be a person who was not involved in the decision to serve a notice to quit upon the tenant.

(2) Where the review—

(a) relates to a decision of an officer of the authority; and

(b) the reviewer is another officer of that authority,

the reviewer must hold a more senior position within the authority than the officer whose decision is the subject of the review.

Section 4 Request for oral hearing

(1) The tenant may request a review by an oral hearing.

(2) The tenant must make such a request within 14 days of receipt of the notice under section 298(2) of the Act.

(3) Where the tenant has requested a review by oral hearing—

(a) the hearing must not take place before the period referred to in paragraph 2 of Schedule 1 has expired; and

(b) the authority must give—

(i) the tenant; and

(ii) any person providing behavioural support services to the tenant,

at least 7 days’ notice of the date, place and time of the oral hearing.

(4) The procedure to be followed for an oral hearing is set out in Schedule 1.

Section 5 Review by written representations

(1) The review will take place by written representations, where the tenant—

(a) has requested a review by written representations;

(b) has not requested a review by oral hearing; or

(c) has requested a review by oral hearing, but has not done so within the time limit imposed by regulation 4(2).

(2) The procedure to be followed for a review by written representations is set out in Schedule 2.

Section 1 Prior to the hearing

Within 21 days of the period beginning with the service of the notice under section 298(2) of the Act, the tenant must send to the reviewer and the authority—

(a) a copy of any written evidence that the tenant will rely upon; and

(b) the name and address of any person the tenant intends to call to give evidence.

Section 2 Prior to the hearing

Where the authority—

(a) receives any information from the tenant under paragraph 1; and

(b) wishes to respond to that information

it must send its response (which should be limited to matters not already stated in the notice served under section 298(2) of the Act) to the reviewer and the tenant within 14 days of receipt of the information.

Section 3 The hearing

(1) Subject to the provisions of this Schedule, the reviewer shall determine the conduct of the oral hearing.

(2) The tenant may be accompanied or represented by another person (whether or not that person holds a relevant professional qualification).

(3) The reviewer must allow the authority and the tenant or the tenant’s representative equal opportunity—

(a) to make representations;

(b) to call persons to give evidence; and

(c) to put questions to any person who gives evidence.

(4) Where any person providing behavioural support services to the tenant wishes to give evidence, the reviewer must allow—

(a) that person to give evidence; and

(b) the authority and the tenant or the tenant’s representative to put questions to that person.

Section 4 The hearing

The authority and the tenant must be notified in writing of the decision of the reviewer within 7 days of the end of the hearing.

Section 5 Absence of the tenant

Where notice of the hearing has been given to the tenant and the tenant or the tenant’s representative does not attend the hearing, the reviewer may—

(a) proceed with the hearing; or

(b) give directions on the further conduct of the review.

Section 6 Absence of the tenant

Where the hearing proceeds in the absence of the tenant under paragraph 5(a), the reviewer may reach a decision and if the reviewer does so, paragraph 4 of this Schedule will apply.

Section 7 Absence of the tenant

Where the reviewer gives directions under paragraph 5(b), the reviewer must notify the tenant and the authority of the directions within 7 days of the end of the hearing.

Section 8 Postponement of hearing

The tenant may request the reviewer to postpone a hearing and the reviewer may grant or refuse such a request.

Section 9 Postponement of hearing

Where the reviewer—

(a) grants a request for the postponement of a hearing under paragraph 8; or

(b) makes a direction under paragraph 5(b) postponing the hearing,

the reviewer must give the tenant and the authority reasonable notice of the date, time and place of the postponed hearing.

Section 10 Adjournment of hearing

The reviewer may adjourn the hearing—

(a) at the request of the authority;

(b) at the request of the tenant or the tenant’s representative; or

(c) otherwise as the reviewer sees fit.

Section 11 Adjournment of hearing

Where more than one individual is carrying out the review by oral hearing, the hearing must be adjourned on each occasion on which any of those individuals is absent unless the authority and tenant agree otherwise.

Section 12 Adjournment of hearing

The reviewer must give the authority and the tenant reasonable notice of the date, time and place of the adjourned hearing.

Section 13 Adjournment of hearing

Where the reviewer of the adjourned hearing is not the same individual as the individual who heard the earlier hearing, the review must proceed as a complete rehearing unless the authority and tenant agree otherwise.

Section 14 Prior to the review

Within 21 days of the period beginning with the service of the notice under section 298(2) of the Act, the tenant must send to the reviewer and the authority any evidence to be taken into account by the reviewer.

Section 15 Prior to the review

Where the authority—

(a) receives any information from the tenant under paragraph 1; and

(b) wishes to respond to that information

it must send its response (which should be limited to matters not already stated in the notice served under section 298(2) of the Act) to the reviewer and the tenant within 14 days of receipt of the information.

Section 16 The review

When reviewing the decision of the authority, the reviewer must take account of—

(a) the notice served under section 298(2) of the Act;

(b) any evidence submitted by the tenant and authority under paragraphs 1 and 2;

(c) any representations received from any person providing behavioural support to the tenant; and

(d) any other information the reviewer considers relevant.

Section 17 The review

The authority and the tenant must be notified in writing of the decision of the reviewer—

(a) where the tenant has not submitted evidence under paragraph 1, within 28 days of the period beginning with the service of the notice under section 298(2) of the Act;

(b) where the authority has submitted a response under paragraph 2, within 14 days of the submission of the response; or

(c) where the tenant has submitted evidence under paragraph 1 but the authority has not submitted a response under paragraph 2, within 28 days of the authority receiving the evidence submitted by the tenant.